A. The Defendant, under the influence of alcohol at the time of committing the instant crime, was in a state that the Defendant lacks the ability to discern things or make decisions.

Nevertheless, the lower court erred by failing to provide statutory mitigation.

B. The imprisonment with labor for the accused (six months of imprisonment and one million won of fine) is too unreasonable.

2. Determination

A. According to the record of this case’s assertion of misapprehension of legal principles, the following circumstances can be acknowledged.

① With respect to the case of embezzlement, etc. of stolen articles in possession of 2019dan704, the Defendant made a specific statement at an investigative agency that “whether a victim would have inflicted a lost credit card is used anywhere,” and that “the Defendant used the fruit and drinking water for fraud at the self-market installed in the steel station, and used at least 4-5 convenience stores to commit tobacco fraud.”

② The victim of the crime of embezzlement of stolen articles in possession of 2019No949 stated at the investigative agency as follows:

Article 112 of the former Act provides that “A person who was aware that he was aboard a subway and went to a place where he was lost, with the knowledge that he was missing before he went to the next station.” The Defendant went to the opposite direction while stating that he was "I will go to go to a stop on the same stop,” and then she went to the opposite direction. The Defendant was arrested as a flagrant offender in the case of embezzlement of goods in which he was occupied by the Defendant, and that he was arrested in the investigation agency, and that “I am to the extent that I am to the extent that I am to am to the same stop,” and “I am to the extent that I am to the extent that I am to am to am to the same stop,” and that I am to the contrary in the case of embezzlement of goods in which I am to the end of the next station.”

(4) With respect to the case of embezzlement, etc. of stolens in possession, the defendant is a place where an investigative agency conducts a card and holds it.